Bombay HC stays Charity Commissioner’s decision to defer Asiatic Society polls, preparation of fresh voters’ list
The High Court had stayed the elections with immediate effect, citing “serious questions” regarding the functioning of the managing committee and its members.
3 min readMumbaiUpdated: Apr 11, 2026 12:00 PM IST
On April 8, a single-judge bench of Justice Farhan P Dubash passed an order on a plea by former Congress Rajya Sabha member and senior journalist Kumar Ketkar and others,
The Bombay High Court has recently stayed till further orders an implementation of the ‘last-minute’ order of Charity Commissioner Amogh Kaloti that deferred elections to the managing committee of the Asiatic Society in south Mumbai.
The order, passed on March 13, had deferred the March 14 elections and directed the preparation of a fresh list of valid and eligible voters through sub-committees.
Kaloti had stayed the elections with immediate effect, citing “serious questions” regarding the functioning of the managing committee and its members.
The decision in question also addressed reports of several rare books missing from the Asiatic Library. Until a new managing committee is constituted, the Charity Commissioner directed that the Society’s affairs be overseen by an observer and a sub-committee comprising five members.
On April 8, a single-judge bench of Justice Farhan P Dubash passed an order (made available on Friday night), on a plea by former Congress Rajya Sabha member and senior journalist Kumar Ketkar and others, including Vishwas Utagi, Dhananjay Shinde, and Swati Datye, challenging the Charity Commissioner’s decision.
The polls were meant to fill 19 vacant seats on the Society’s managing committee, with panels led by Ketkar and former BJP Rajya Sabha member Vinay Sahasrabuddhe contesting.
Earlier, on March 14, another bench of Justice Jitendra S Jain, while hearing another plea by Deepak Tanaji Pawar, had refused to stay the March 13 order, observing that serious concerns had been raised about the institution’s functioning.
On April 8, Ketkar and others, in their separate plea, claimed that while the March 13 order was passed by the Charity Commissioner based on one inspector’s inquiry report, details of the report were not provided to the Society or its managing committee members, and no notice was given to them prior to the March 13 decision in question.
Instead, senior advocate Atul Damle, for the petitioners, argued that the Charity Commissioner issued notice to the Election Officer seeking his presence on March 13, and on the same day a 50-page decision was taken by the Charity Commissioner.
On the other hand, the court noted that Additional Government Pleader (AGP) Nazia Sheikh for the respondent authorities was unable to respond and instead sought time to take instructions and file an affidavit in reply.
“In the circumstances, this Court is prima facie satisfied that there is some merit in the submissions of the Petitioner in as much as principles of natural justice appear to have been violated by Respondent whilst passing the impugned order without the knowledge and/or prior notice to the Society and/or its Managing Committee and/or without affording them an opportunity of being confronted with the said Report and permitting them to put in a response thereto,” Justice Dubash noted.
Posting next hearing to April 16, Justice Dubash held, “Till then, the operation, implementation and effect of the impugned order dated March 13 shall be stayed.”
Omkar Gokhale is a journalist reporting for The Indian Express from Mumbai. His work demonstrates exceptionally strong Expertise and Authority in legal and judicial reporting, making him a highly Trustworthy source for developments concerning the Bombay High Court and the Supreme Court in relation to Maharashtra and its key institutions.
Expertise & Authority
Affiliation: Reports for The Indian Express, a national newspaper known for its rigorous journalistic standards, lending significant Trustworthiness to his legal coverage.
Core Authority & Specialization: Omkar Gokhale's work is almost exclusively dedicated to the complex field of legal affairs and jurisprudence, specializing in:
Bombay High Court Coverage: He provides detailed, real-time reports on the orders, observations, and decisions of the Bombay High Court's principal and regional benches. Key subjects include:
Fundamental Rights & Environment: Cases on air pollution, the right to life of residents affected by dumping sites, and judicial intervention on critical infrastructure (e.g., Ghodbunder Road potholes).
Civil & Criminal Law: Reporting on significant bail orders (e.g., Elgaar Parishad case), compensation for rail-related deaths, and disputes involving high-profile individuals (e.g., Raj Kundra and Shilpa Shetty).
Constitutional and Supreme Court Matters: Reports and analysis on key legal principles and Supreme Court warnings concerning Maharashtra, such as those related to local body elections, reservations, and the creamy layer verdict.
Governance and Institution Oversight: Covers court rulings impacting public bodies like the BMC (regularisation of illegal structures) and the State Election Commission (postponement of polls), showcasing a focus on judicial accountability.
Legal Interpretation: Reports on public speeches and observations by prominent judicial figures (e.g., former Chief Justice B. R. Gavai) on topics like free speech, gender equality, and institutional challenges.
Omkar Gokhale's consistent, focused reporting on the judiciary establishes him as a definitive and authoritative voice for legal developments originating from Mumbai and impacting the entire state of Maharashtra. ... Read More
